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Exam 49: Real Property

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Question 31

Multiple Choice

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Which of the following is true regarding Michelle's claim for the $10,000?

A) She has no interest in the house on which to base a claim.
B) She can require that David pay it based on David's inheritance interest in the house.
C) She may obtain a lien on the house.
D) She can require that Mina pay it based on Mina's inheritance interest in the house.
E) She can require that both David and Mina pay it based upon their inheritance interests in the house.

F) None of the above
G) All of the above

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Question 32

True/False

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A buyer is protected from losses resulting from a defect in the title of property by title insurance.

A) True
B) False

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Question 33

Multiple Choice

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Which of the following statements is false regarding a condominium interest?

A[n] ________ account is an account maintained by a neutral third party into which a deposit on property is placed until all necessary steps for a transfer of property can be made.

An easement is a right to use part of another's land for a specific purpose.

Which of the following would be the most likely result regarding Mina's claim to the house?

An owner's interest in real property cannot occur without the owner's knowledge and consent.

[Family Dispute] When Leona and Oscar married,they both had children from previous marriages.After their marriage,Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years.Oscar died when he was 93 and Leona was 95.Oscar's will left any property he owned to his son,David,who promptly told Leona that she needed to get out of the house.Leona told him to forget it.Leona died a week later.Her will left everything she owned to her daughter,Mina,who moved in the home and refuses to leave.Michelle,who had loaned Oscar $10,000,has filed a claim against any heir of Oscar or Leona,including David and Mina,claiming an interest in the home to satisfy the debt Oscar owed her. -Which of the following is true regarding a tenancy by the entirety?

Which of the following refers to government restriction of property use?

[Dentist Lease] Jaston rents space for his new dental office.He installs a chandelier in the reception area and three new dentist chairs.Ten months into the one-year lease,Jaston decides to sublease one of the offices in his rental to a therapist,and tells the therapist to pay the landlord directly.At the end of the lease term,Jaston decides to close the office and move to a smaller space.The landlord,who apparently never received payment from the therapist,wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission.The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures. -May Jaston remove the chandelier and take it with him?

The owner of a[n] ________ estate possesses the same interest as the owner of a fee simple absolute,only this interest is subject to a condition.

A[n] ________ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

[Cottage in the Woods] When Gil's father died,Gil received a life estate for the family's cottage in the woods.According to his father's will,upon Gil's death,the cottage is to become the property of Gil's much younger step-brother Max.Gil lived at the cottage for many years after his father's death.One day,Max went to visit Gil to check on the property that he would someday own,and noticed that the cottage was in disrepair.The roof leaked,it was infested with mice and termites,and there was water damage in the basement.Max tells Gil to fix the property,but Gil refuses saying that can let the property deteriorate as much as he wants. -Does Max have any legal recourse to prevent the property from deteriorating?

The ________ of the deed initiates the transfer of property.

Which of the following refers to money that is provided by a potential purchaser and applied toward the purchase price of property if the sale goes through,but could be forfeited if the buyer changes his or her mind?

Who will likely win the dispute regarding whether Diego holds a valid easement?

Which of the following refers to the right to go onto someone's land and take part of the land or a product of it away from the land?

Which of the following terms refers to property which would originally have been considered personal property,but became part of realty after being permanently attached to real property?

Which of the following refers to the meeting at which the transfer of title actually takes place and delivery and acceptance occur?

Yi Seul buys a house from Jackson but does not record her ownership interest.Later,Jackson dishonestly sells the same house to Eva who had checked ownership at the courthouse but saw no mention of Yi Seul.After she paid Jackson,Eva recorded her property interest at the courthouse.Eva,who thought that Yi Seul was renting the house from Jackson,then wrote to Yi Seul asking her to move.Who is entitled to the house? What do you believe ethically should be done,assuming Jackson cannot be found?